Changes announced to the Immigration Rules

[dfurletti]

lol poor guy he's probably wondering how everyone got hold of his direct email address

I love the way they're not planning to release the guidance until the 31st - after the new scheme has commenced! I wonder if there are any surprises in there that they don't want us to find out about... eg. something that would cause a great flood of extension applications if it was made public before the 31st

My advice is that it would be unlawful to make such a "surprise" announcement. and would almost certaintly result in the a high court challenge.

[realitycheck]

His reply is different in different emails atleast he is not following/copying 1 template:)

It's amazing that there's someone in the UK Government who is capable of some creative original thought. He must be new.

I'd hold on to that email and all it's headers in case things go pear-shaped after the 31st. It would come in very handy during the appeal. I might get one myself.

Anyway good work. Thems the magic words I wanted to hear.

[realitycheck]

My advice is that it would be unlawful to make such a "surprise" announcement. and would almost certaintly result in the a high court challenge.

Well technically it wouldn't be a "surprise announcement" as they haven't officially announced anything yet (apart from the emails). The bill is still under consideration and can be amended as many times as they please before it is passed into law. Hence they can't officially announce anything yet.

I found it odd that they would wait until the 31st to publish the details, when the bill is likely to be passed before then.

But at this stage I agree things are looking promising for us HSMP holders.

[vardhi]

Hi Guys,

I got HSMP visa in Nov 2007 for 2 years. i sent an email to HO and got a positive reply from HO as others. I think we are cool unless HO is planning a major major ......




Dear Pradeep Varhineni



Thank you for your enquiry about the HC314. I can confirm that we will not treat applications to switch from HSMP into Tier 1 (General) as applications for a first period of leave under Tier 1 (General). This means that the new requirements will not apply to switchers. This will be catered for in revised guidance to be published on 31 March.



Regards



Ben





Ben White

Immigration Policy

United Kingdom Border Agency

11th Floor

Apollo House

Croydon

Tel 020 8760 8635

-----Original Message-----
From: Pradeep Vardhineni [mailto:xxx@hotmail.com]
Sent: 10 March 2009 3:15 PM
To: White Benjamin
Subject: HSMP Extension - Query



Dear Benjamin White,

I am currently in UK and I hold HSMP ( Highly Skilled Migrant Programme) visa.
I got my HSMP approval in Nov 2007 and the Leave to remain Visa under HSMP in Nov 2007. This visa is valid until Nov 2009.

This is regarding the statement of changes inimmigration rules published as below
http://www.ukba.homeoffice.gov.uk/sitec ... /hc314.pdf

In Page 40 , it is stated that
'Migrants applying for their first period of leave under Tier 1 (General) will receive no points
for Bachelors degrees or for previous earnings of less than £20,000. This change will not affect migrants who already have leave under Tier 1 and are seeking an extension of that leave.'

Could you please confirm that when i apply extension under tier 1 general , these new rules ( effective from April 1st 2009) will not be applicable to me.

Thank You very much.

Regards & Thanks
Pradeep Vardhineni

[saqib389]

Does any one know that "WILL THIS NEW RULE WILL AFFECT THOSE WHO ARE CURRENTLY IN TIER 1 ( POST STUDY WORK )" ????

[static_restart]

Does any one know that "WILL THIS NEW RULE WILL AFFECT THOSE WHO ARE CURRENTLY IN TIER 1 ( POST STUDY WORK )" ????

no idea... been trying all day to find out the same thing.

Call Mr Ben White on 0208 760 8635. If u get through.

Share if you find out!

[nionlight]

Does any one know that "WILL THIS NEW RULE WILL AFFECT THOSE WHO ARE CURRENTLY IN TIER 1 ( POST STUDY WORK )" ????

no idea... been trying all day to find out the same thing.

Call Mr Ben White on 0208 760 8635. If u get through.

Share if you find out!

just taled wih Mr. ben white and he said same thing as he said in the email. i asked him about official written proof. he said it will be published later this month. then i asked, is it fair that HO will publish rule end of this month and make it official from next month giving no time to applicants. then he said, they are actually trying to pass the Spammy Spammer by email or pjhone. i aksed if i can use the conversation as an official evidence if required later on. he said yes we can!

[static_restart]

Does any one know that "WILL THIS NEW RULE WILL AFFECT THOSE WHO ARE CURRENTLY IN TIER 1 ( POST STUDY WORK )" ????

no idea... been trying all day to find out the same thing.

Call Mr Ben White on 0208 760 8635. If u get through.

Share if you find out!

just taled wih Mr. ben white and he said same thing as he said in the email. i asked him about official written proof. he said it will be published later this month. then i asked, is it fair that HO will publish rule end of this month and make it official from next month giving no time to applicants. then he said, they are actually trying to pass the Spammy Spammer by email or pjhone. i aksed if i can use the conversation as an official evidence if required later on. he said yes we can!

Yes but saqib is asking about the people who are on Tier1 (POST STUDY) visa. What rules apply to them when they wish to switch to Tier 1 (General) after april 1st. I myself am in the same boat and have been trying to get a reply from Ben White but so far no email replies.

[camcan]

well this is our speculation and our hope. technically HSMP may be replaced by Tier 1 or whatever. but, from the annoucemnt, it is clear that ONLY TIER 1 visa holder will be exempted. no other visa category will be exempted. be it HSMP even though its 100% same as Tier 1. officially thas what it meant. unless HO declares any special transitional arrangement then we are in great trouble.
This change will not affect migrants who already have leave under Tier 1 and are seeking an extension of that leave

I agree with both the optimistic view and the passemistic view. The thing is its really a shame on HO that they never issued a clear statment. Never the less it is some thing that i believe can easily be fought as the previous documend does state that in extending under Tier1 HIGHER POINTS will be taken out of the TWO. I believe HO should rectify this as soon as possible or otherwise prepare for another possibly long court case which i believe would not be to the benifit of either HO or us.

[dahokolomoki]

Absolute bollocks and no clarification from anyone.

I suspect we will have to wait till the rule becomes published, and then after all the home office call center workers have been briefed.

[victorbugz]

Absolute bollocks and no clarification from anyone.

I suspect we will have to wait till the rule becomes published, and then after all the home office call center workers have been briefed.

Nice going!

Have you read thru the tread? The last couple of posts quote an email from an official source, what more do you want? Do you want HO to ring you and confirm this? If you take the time and effort to contact someone, you might be of some help to the forum. But no, you come out with gems like '' Absolute bollocks''. Thanks you've been of great help.


To every one else, i believe the emails from Ben White confirms what we wanted to hear. So people relax and have fun.

[xpscapable]

Relax people. I also got an email from Home Office saying that HSMP won't be affected. This time it says it very clearly that HSMP -> Tier 1 will be evaluated based on the old rule.

I think it's OK.

[proper]

Kind of relaxed! Well done guys!

I think people above did brilliant jobs to let our sounds to be heard by the officials.

It is quite nice to remind them there are a bunch of people called HSMP

[jd]

It is quite nice to remind them there are a bunch of people called HSMP

I like this one ... Cheers

[straight]

Typical how helpful can't even get in writing the information I need to make an informed decision on what to do before April 1.

I was seeing if I could get a response about HSMP like others who have posted in this forum so I could use as evidence in future.

Instead I get the below. And the generic info they sent doesn't even address my enquiry.

Wish I had a job where I could put an out of office to people telling them I was too busy to deal with them. Makes me seriously question why I want to be in this country in the first place. Maybe thats the idea.

We regret that, due to unusually high demand for this service during recent weeks, we are currently unable to provide individual, personalised responses to new enquiries.



To try to be as helpful as we can during this very busy period, we are providing the information below, which answers the most frequently asked questions. We have included links to the relevant parts of our website, where more detailed information can be found. If we have not included information or a link to the website for the subject you are enquiring about, please enter key words into the "search" facility on the website.



If you have sent us information about an immigration offence, or a complaint, please be assured that it will be forwarded to the appropriate team. You do not need to send the information again.

[drjabberwocky23]

After all that worry, it looks like people were panicking for no reason. I'm pleased that the UKBA has treated thie situation sensibly.

[static_restart]

anybody got any replies regarding switching from Tier1 (Post study) to Tier1 (General) ???

[hsmpOct2007]

I recvd a mail today morning.
Just adding to the series of confirmations we have recvd so far.


Dear XXX

We had confirmation from ILPA (Immigration Law Practitioners Association) yesterday that those extending from HSMP into Tier 1 (General) are not subject to the changes so they can still use Bachelor's degrees

Kind regards
Jackie

[confusedhsmp]

anybody got any replies regarding switching from Tier1 (Post study) to Tier1 (General) ???

In one of the email ben white says that the UKBA wont be treating extension application as first term of leave under Tier 1 (General) and also that the new rules wont apply to switchers.

In such a case i would assume that the new rules wont be applying to people already in the UK as they are switching if not extending. In any case, the bar might be lowered next year and the Tier 1 (Post Study) wont have extension until then anyway.

[ashubhatt]

Hi All,

I am applying for HSMP Tier 1 visa this week. Will new rule which is coming on 1st of April apply on me(to have alteast Master's degree not bachelor's degree)


Thanks

[confusedhsmp]

Hi All,

I am applying for HSMP Tier 1 visa this week. Will new rule which is coming on 1st of April apply on me(to have alteast Master's degree not bachelor's degree)


Thanks

No they wont.

[ashubhatt]

Thanks

[gonecrazy]

hi all

i just finished my post graduate diploma in business and want to apply for psw but i heard dat this new rule isn't gonna allow us 4 dat......it only allows psw with PGD in eduction only. my problem is that i can't apply before mid april due to lack of adequate maintaince fund in the first few weeks of 3 month timeline. n now to top it all i'm gettin wrapped up wid this new rule where i can't apply psw at all from april 1.
but in the posts here somewhere, somebody had written that this new rule doesn't affect the students switching from student to psw visa from with in the country.......is this true? if yes then i can apply for psw in mid april, rite?????......plz clear out my confusion......i tried calling mr ben white but just could not get through him......m real desperate to know what's what n what can i do????.......

[hsmpOct2007]

Dear Sir/Madam,

Thank you for your enquiry.
As a current HSMP visa holder you can apply under the Tier General category using the extension form before your visa expires.

The proposed changes would not apply in your case as you are making an extension application and not an initial one.

Yours faithfully,

Neil Price
Immigration Group
UK Border Agency

If you intend to reply to this e-mail please ensure that you re-send all the information from your original enquiry.



From: xxx
Sent: 26 February 2009 13:21
To: IND Public Enquiries
Subject: HSMP extension query

Hi,

Hope you can help with a query I have about my HSMP extension.
My HSMP started on Oct 2007 and expires in Oct 2009.

I would like to go for an extension of my HSMP now, could you please let me know if I could file my extension now by using the Tier1 extension application form ?

Also , though its not clear if the HSMP extensions would be affected by the new rules after April 1st 2009. Or does it affect only new Tier1 applications from outside UK ?

Thanks and Regards,

[lilmeiow2008]

HSMP people have no reason to worry as they r safe. below is an email I got from HO

Dear Sir/Madam,

Thank you for your enquiry.

Proposed changes to the requirements for Points Based System Tier 1 (General) and Tier 2 were announced by the Home Secretary recently, and are expected to come into effect for applications made on or after 31st March 2009. Details of the announcement can be found on the UK Border Agency website at:

http://www.ukba.homeoffice.gov.uk/sitec ... oughertest

Applicants who currently have leave to remain under the Highly Skilled Migrant Programme, Writers, Artists, Composers or Self Employed Lawyers categories, and are applying to extend their leave to remain in the UK in Tier 1 (General) will not be affected by the changes announced by the Home Secretary.

Applicants who currently have leave to remain as a Tier 1 (General) migrant will not be affected by the change when they apply for further leave to remain.

Yours faithfully,

David Lavigne
Immigration Group